Legal Opinion

Beecroft v. Great Northern Railway Co.

Supreme Court of Minnesota

Decided July 14, 1916No. Nos. 19,849—(188)PublishedCited by 9 opinions

Action in the district court for Lyon county to recover $25,000 for personal-injury to plaintiff while in the employ of defendant as freight brakeman. The case was tried before Olsen, J., who at the close of the testimony denied defendant’s motion to direct a verdict for defendant, and a jury which returned a verdict for $9,000. Defendant’s motion for judgment in its favor notwithstanding the verdict or for a new trial was granted.

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Action in the district court for Lyon county to recover $25,000 for personal-injury to plaintiff while in the employ of defendant as freight brakeman. The case was tried before Olsen, J., who at the close of the testimony denied defendant’s motion to direct a verdict for defendant, and a jury which returned a verdict for $9,000. Defendant’s motion for judgment in its favor notwithstanding the verdict or for a new trial was granted. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

1Opinion of the CourtHallam, J.

Plaintiff was a switchman in the Willmar yard of defendant. On the afternoon of January 27, 1915, he was called to take a run out on a freight train. He went down into the yards to his caboose which stood on a side track, attended to some work there and went out again, leaving the caboose at the westerly end. As he left the caboose he stepped toward the lead track, which was about 8 to 12 feet from the caboose. While crossing the lead track he came in contact with a switch engine of defendant which was backing through the yards from east to west. Plaintiff sued for damages. On the first trial…

2Cases cited7 opinions

  1. Aerkfetz v. HumphreysSupreme Court of the United States · 1892
  2. Shimoda v. BundyCalifornia Court of Appeal · 1914
  3. Wolfe v. IvesSupreme Court of Connecticut · 1910
  4. Kludzinski v. Great Northern Railway Co.Supreme Court of Minnesota · 1915
  5. Galvin v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1895

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Carpenter v. MattisonSupreme Court of Minnesota · 1974
  2. Zenner v. Great Northern Railway Co.Supreme Court of Minnesota · 1916
  3. Bowling Green-Hopkinsville Bus Co. v. EdwardsCourt of Appeals of Kentucky (pre-1976) · 1933
  4. Frank v. StieglerSupreme Court of Minnesota · 1957
  5. Weireter v. Great Northern Railway Co.Supreme Court of Minnesota · 1920

4 more not listed; retrieve them via the Exa API.

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